Redefining the Role of Internships: A Critical Turning Point in Kenyan Employment Law
Desmond highlighted a recent judgment by the Employment and Labour Relations Court of Kenya as a pivotal moment in the country's employment landscape, particularly regarding internships and the classification of workers in this category.
Desmond emphasised that the judgment, which found the Teachers Service Commission (TSC) guilty of unfair and discriminatory practices by employing qualified teachers as interns, has broad implications for employers across various sectors.
At its core, Desmond explains, the ruling addresses a critical question: Should interns be regarded as employees under Kenyan law, especially when performing tasks aligned with their qualifications?
Desmond says that the court found that employing qualified teachers as interns violates their constitutional rights to fair labour practices and equal treatment—rights that are enshrined in Kenya's Constitution and supported by international conventions.
Read the article below.
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